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The Green Bag.
LEGAL INCIDENTS. X. A CASE OF CIRCUMSTANTIAL EVIDENCE. THE following thrilling story comes from the lips of a well-known member of the Pennsylvania Bar: — "A very bad and dishonest failure had occurred, in which a certain trusted clerk seemed to have been guilty of the larger share of the crime. He, with his employer, was arrested and charged with the crime. The clerk stoutly protested his innocence, and denied all knowledge of the fraud or any connection with his employer. How ever, there was a chain of circumstantial evidence woven around him which was exceptionally strong, and which his counsel could not break down, although he was firmly convinced himself of his innocence. The clerk was convicted and sent to jail for a term of years. "After being confined in prison for about a year the poor fellow's mind began to weaken, and finally he broke down com pletely. He was taken from prison, and transferred to a hospital for the insane. All the time the clerk continued to protest his innocence. After he had been confined in the hospital three or four years, .certain facts in the failure were elicited which clearly proved that the unfortunate clerk was entirely innocent of having committed any crime. Of course steps were immediately taken to secure the pardon of the man; the facts were laid before the Pardon Board at their next meeting, and an order was given for his immediate release. "It now became the delicate duty of the counsel in the case to break the happy in telligence to the pardoned clerk. But the question that confronted them was What could be done to restore his reason, and would he believe the news? If his mind could not be restored, he could not be taken away. What could be done? After a con sultation between the counsel on both sides
of the case, it was agreed to call upon the poor clerk, and make an attempt to rouse him from the apathy and lethargy into which he had fallen. This they decided to do by accusing him again of the theft of the funds. Whenever this subject was broached he al ways roused himself and became greatly ani mated, always vigorously denying it. "While his mind was aroused by this stimulus, it had been decided that one of the counsel was to announce that the matter had been fully investigated, and his inno cence firmly established. The parties to this strange drama assembled in the room of the stricken man. He sat silent and immovable, with his head in his hands. As the old and ever-rankling charge of dishonesty fell upon his ears, the effect was exactly that which had been foreseen and expected. He slowly raised his head. Looking his pseudo-accuser straight in the eye, he repeated, in a loud tone of voice, with a rising inflection and with great energy, ' It is a lie.' "The critical moment had come. The lawyer who had prosecuted him and se cured his incarceration, then stepped up to him and said, ' You are right; it is a lie, and you stand before the community a vin dicated man. I have the order for your re lease in my pocket.' Then the lawyers stood off to watch the effect, hoping that the joy at the prospect of release and vindication would have the effect of putting the clerk again in his right mind. But no sign of joy over spread the man's features; his face bore its usual stolid expression. It seemed to have no apparent effect upon him. "The clerk turned his face towards the speaker, as if he did not understand him. Then his head fell forward, and the man was precipitated upon the floor at the feet of the lawyers. A single glance sufficed. He was dead."